disabled from thenceforth to Preach the said or any other Lecture or Sermon in the said or any other Church Chapel or place of publick Worship untill such time as he Conform in all points as aforesaid but if the said Sermon or Lecture be to be Preached or read in any Cathedral or Collegiate Church or Chapel it is sufficient for the Lecturer at the said time to declare his assent to the said Book of Common-Prayer in Form as aforesaid 14 Car. 2. cap. 4. When any Sermon or Lecture is to be Preached the Common-Prayers shall be read Every time when any Sermon or Lecture is to be Preached the Common-Prayers and Service appointed for that time of the day shall be publickly and openly read by some Priest or Deacon in the Church Chapel or place of publick Worship where the said Sermon or Lecture is to be Preached before such Sermon or Lecture be Preached and that the Lecturer then to Preach shall be present at the reading thereof But this is not to extend to the publick University Lectures but that they may be Preached as formerly they used 14. Car. 2. cap. 4. No Form or Order of Common No Order of common-Common-Prayer but what is in the Book of common-Common-Prayer to be used Prayers Administration of Sacraments Rights or Ceremonies are to be openly used in Church or Chapel or other publick place of Worship other then what is prescribed in the Book of Common Prayer aforesaid but the said Prayers and Service in the Chapels or other publick places of the Colleges and Halls in both the Universities and in the Colleges of Westminster Winchester and Eaton and in the Convocations of the Clergie in either Province may be in Latin 14 Car. 2 cap. 4. The Penalty for refusing to use the Common-Prayers or using any other Form of Prayers And if any Minister refuse to use the same Form and Order of Prayers c. according to the said Book or wilfully use any other Rite Ceremony Order or Form of Prayers or Administration of the Sacraments c. openly or privily then is prescribed there or shall Preach Declare or Speak any thing in the derogation or depraving of the said Book or any thing therein contained or of any part thereof and be thereof lawfully convicted by verdict of twelve men or by his own Confession or by the notorious Evidence of the Fact shall for the first Ofsence forfeit to the King's Highness the profit of such one of his Spiritual Benefices or promotions as his Majesty shall Assign or Appoint for one whole year then next following after such Conviction and suffer six Months Imprisonment without Bail and for the second Offence they forfeit all their Spiritual promotions and the Patrons may present as if the parties were naturally dead and for the third Offence they are to be Imprisoned during Life and if the person offending have no Spiritual promotion then the first Offence is Imprisonment six Months without Bail and the second Offence Imprisonment during Life 2. 3. Eliz. 6 cap. 1. and by the 1 Eliz. cap. 2. the first Offence aforesaid forfeits the profits of all his Spiritual promotions for a year and to suffer six Months Imprisonment without Bail the second Offence a years Imprisonment without Bail and ipso facto to be deprived of all his Spiritual promotions and the Patrons to present as aforesaid and the third Offence Imprisonment during Life and ipso facto to be deprived of all his Spiritual promotions and if such Person have no Spiritual promotion then the first Offence is Imprisonment for a year without Bail and the second Offence during Life both these Statutes of the 2 and 3 Eliz. 6 cap. 1. and 1 Eliz. cap. 2. are to have Relation to the Book of Common Prayer now used 14 Car. 2. cap. 4. one Flemming was Indicted a second time for giving the Sacrament of Baptism in other Form than is prescribed in the stat 1 Eliz. and in the Book of Common Prayer and it was Awarded that he should suffer Imprisonment for a year and should be Adjudged ipso facto deprived of all his Spiritual promotions m. 26 and 27 Eliz. B. R. Flemming's Case Leon. Rep. 1. parte f. 295. pl. 403. If any Person or Persons whatsoever common- The Penalty for depraving of the Common Prayer Book or compelling any Minister c. to say any other common-Common-Prayer shall in any Interludes Plays Songs Rymes or by other open words declare or speak any thing in derogation of the Common Prayer Book or of any thing therein contained or shall by open Act Deed or by open threatning compel or cause or otherwise procure or maintain any Parson Vicar or other Minister in any Cathedral or Parish Church or Chapel or other place to say any Common or open Prayer or to Administer any Sacrament otherwise than is mentioned in the common-Common-Prayer Book or shall unlawfully interrupt them in saying or singing of the said Prayers according to the said Book and be thereof Lawfully Convicted as aforesaid for the first Offence he forfeits to the King's Majesty ten pounds and if not paid within six weeks after Conviction then instead of the said ten pounds to suffer three Months Imprisonment without Bail the second Offence to pay twenty pounds and if not paid within six weeks after Conviction then instead thereof to suffer six Months Imprisonment without Bail and for the third Offence to forfeit all his Goods and Chattels and suffer Imprisonment during Life 2. 3 Eliz. 6. cap. 1. but by the 1 Eliz. the first of these Offences is an hundred Marks forfeiture and if not paid within six weeks to suffer six Months Imprisonment without Bail the second Offence is four hundred Marks and if not paid within six weeks to suffer twelve Months Imprisonment without Bail and the third Offence is a forfeiture of all their Goods and Chattels and Imprisonment during Life But no Person is to be Impeached for any of these Offences or the Offences mentioned in the last Section unless he be Indicted at the next General Sessions to be holden before any Justices of Oyer and Terminer or Justices of Assize next after such Offence committed or done nor is any one to be punished twice for one Offence that is both by the Ecclesiastical Judge and Civil Magistrate 1 Eliz. cap. 2. these statutes are to have Relation to the Common-Prayer Book now used 14 Car. 2. cap. 4. Any Man understanding the Greek Any Man may say privately the Common-Prayer in Hebrew c. or such other Language as he understands Latin and Hebrew Tongue or other strange Tongue may say the Common-Prayers before-mentioned in Latin or any such other Tongue saying the same privately as they do understand and in the Universities of Cambridge and Oxford they may use and exercise in their Common and open Prayer in their Chapels being not Parish Churches or other places of Prayer the Mattens Evening Song Litany and all other Prayers
and will do my best endeavour to disclose make known unto his Majesty his Heirs and Successors all Treasons and Trayterous Conspiracies which I shall know or hear of to be against him or any of them And I do further swear that I do from my Heart abhor detest and abjure as Impious and Heretical this damnable Doctrine and Position That Princes which be Excommunicated or deprived by the Pope may be deposed or murthered by their Subjects or any other whatsoever And I do believe in my Conscience am resolved that neither the Pope nor any Person whatsoever hath power to absolve me of this Oath or any part thereof which I acknowledge by good and full Authority to be Lawfully Ministred on to me and do renounce all Pardons and Dispensations to the contrary And all these things I do plainly and sincerely acknowledge and swear according to these express Words by me spoken and according to the plain and common sense and understanding of the same Words without any equivocation or mental evasion or secret reservation whatsoever And I do make this Recognition and acknowledgment heartily willingly and truly upon the true Faith of a Christian so help me God 3 Jac. cap. 4. Note That every Person that is admitted Minister to read the â—9 Articles of Religion within Two Months after Induction to a Benefice with cure must within two Months after his Induction to the same reade the 39 Articles of Religion set down verbatim in the next Chapter in the same Church where he shall have cure in the time of Common-Prayer there that is after some part thereof be reade and before all the Prayers be done and then declare his unfeigned assent thereunto and must be admitted to Administer the Sacraments within one Year after his Induction if he be not admitted so before and if he fail in either of these things he shall be ipso facto immediately deprived 13. Eliz. cap. 12. The reading of the Articles and subsâ—â—iption must be absâ—â—uâ—e And observe that this reading of the Articles must be of the very Book it self and no other and it must be verbatim as it is in the Book and not otherwise and the subscription must be absolute and not qualified as to say I subscribe them with this or the like addition viz. so far forth as the same are agreeable to the Word of God for if the subscription be not absolute it is not good and so it was resolved m. 33. and 34. Eliz. B. R. in Smith's and Clerk's Case Cro. Eliz. f. 252. p. 19. Co. 4 part Inst f. 324. vide H. 22. and 23 Car. 2. C. B. Rot. 680. Shute's and Higden's Case where Higden lost the Rectory of Elm in the County of Somerset for not reading the Articles within two Months after his Induction Vaugh. Rep. f. 129. Every Person also who shall be presented Every Person put into any Ecclesiastical Benefice is within two Months after Induction to read the Morning and Evening Prayers c. collated or put into any Ecclesiastical Benefice or Promotion is within two Months after Induction or Installation in the Church Chapel or place of publick Worship belonging to his said Benefice or Promotion upon some Lord's-day publickly openly and solemnly to read the Morning and Evening Prayers appointed to be read by and according to the Book of common-Common-Prayer now appointed and allowed at the times thereby appointed and after such reading thereof shall openly and publickly before the Congregation there assembled declare his unfeigned assent and consent to the use of all things therein contained and prescribed in these following Words and no other viz. I. A. B. do here declare my unfeigned assent and consent to all and every thing contained and prescribed in and by the Book Intituled The Book of Common-Prayer and Administration of the Sacraments and other Rites and Ceremonies of the Church according to the use of the Church of England together with the Psalter or Psalms of David pointed as they are to be sung or said in Churches and the form or manner of making ordaining and consecrating of Bishops Priests and Deacons And every Person who withoutsome Lawfull Impediment be allowed by the Ordinary shall neglect or refuse to doe the same within the time aforesaid or in Case of such Impediment within one Month after such Impediment removed shall ipso facto be deprived of all his said Ecclesiastical Benefices and Promotions the Patrons may present again as if such Persons were naturally dead 14 Car. 2. cap. 4. Inâ—umbents Reseâ—enâ— and keeping Curaâ—es to reade the Common-Prayers once every Month themselves In all places where the proper Incumbent of any Parsonage or Vicarage or Benefice with cure doth reside on his Living and keeps a Curate the Incumbent himself in Person not having some Lawfull Impediment to be allowed by the Ordinary of the place shall once every Month at least openly and publickly read the Common-Prayers and Service prescribed in and by the Book of Common-Prayer and also Administer each of the Sacraments and other Rites if there be occasion in the Parish Church or Chapel of or belonging to the same Parsonage Vicarage or Benefice on pain of Five Pounds to the use of the poor of the Parish for every Offence upon Conviction by Confession or proof of two Witnesses on Oath before two Justices of the Peace and in default of payment within ten days to be Levyed by distress and sail of his goods and Chattels by the Church-Wardens or Overseers of the poor of the same Parish by Warrant from the said Justices rendring the Surplusage to the party 14 Car. 2. cap. 4. In all cases of avoidance or deprivation Nâ— Lapse to Inâ—â—r upon avoidance on the stat 14 Car. 2. without notice given ipso facto by virtue of the stat 14. Car. 2. no Title to confer or present by Lapse shall accrew but after six Months after notice of such deprivation given by the Ordinary to the Patron or such sentence of deprivation openly and publickly read in the Parish Church of the Benefice Parsonage or Vicarage becoming void or whereof the Incumbent shall be deprived 14 Car. 2. cap. 4. Lecturers â—o reade the Common-Prayers at their entrance and once every Month afteâ— Every Person who shall be Licensed and appointed or received as a Lecturer to Preach upon any day of the week in any Church Chapel or place of publick Worship the first time he Preacheth before his Sermon shall openly and publickly read the Common-Prayers appointed to be read for that time of the day and declare his assent to the Book as aforesaid and upon the first Lecture day of every Month afterwards so long as he continues Lecturer and Preaches there at the place appointed for his said Lecture or Sermon before his said Sermon he must also read the said Prayers and declare his assent to the Book as aforesaid and for neglect hereof every such Lecturer is
the Holy Communion Excepted prescribed in the said Book in Greek Latin or Hebrew and all Men as well in Churches Chapels Oratories or other places may use openly any Psalms or Prayer taken out of the Bible at any time nor letting or omitting thereby the service or any part thereof mentioned in the Book of Common-Prayer 2. 3 Eliz. 6. cap. 1. If any Person or Persons who do not Conform and are disabled to Preach The Penalty against such persons who Preach and are disabled by 14. Car. 2. by the statute of the 14 Car. 2. shall during such time as they continue so disabled Preach any Sermon or Lecture that then for every such Offence the Person and Persons so offending are to suffer three Months Imprisonment in the common Goal without Bail and any two Justices of the Peace of the County and the Mayor or other chief Officer of any City or Town Corporate upon Certificate from the Ordinary of the place to him or them of the Offence committed may commit the Person or Persons to the Goal of the County City or Town Corporate accordingly 14 Car. 2. cap. 4. The Penalty for refusing to hear Common Prayer and being present and joyning with other Religious Assemblies If any Person or Persons above the age of sixteen Years shall obstinately refuse to repair to some Church Chapel or usual place of Common-Prayer and shall forbear by the space of a Month to hear Divine Service and shall either of him or themselves or by the perswasion of any others willingly joyn in or be present at any Assemblies Conventicles or Meetings under colour or pretence of the exercise of Religion contrary to the Laws and Statutes of this Realm every Person so offending and being Lawfully Convicted are to be committed to Prison there to remain without Bail till they Conform and yield to come to some Church Chapel or usual place of Common-Prayer and hear Divine Service established according to Law and make such open Submission and Declaration of their said Conformity as hereafter follows and if the Person offending shall not within three Months after Conviction Conform and make Submission being required thereunto by the Bishop of the Diocess or any Justice of the Peace of the County where the party is or by the Minister or Curate of the Parish then such Offender shall abjure the Realm and refusing to abjure or returning again after abjuration without the King's Licence shall be adjudged a Felon and suffer as a Felon But if such party before he be warned to make abjuration do repair to some Parish Church on some Sunday or Feastival day and hear Divine Service and before Sermon time or reading of the Gospel and make open Submission then the Offender is to be clearly discharged from all the Penalties and Punishments aforesaid 35 Eliz. cap. 1. 16 Car. 2. cap. 4. Popish Reâ—usant and Feme Covert not to abjure No Popish Recusant or Feme Covert shall be compelled to abjure by virtue of the said Act 35 Eliz. and every Person that shall abjure by virtue thereof or refuse to abjure shall forfeit to the King's Majesty all his Goods and Chattels for ever and loose all his Lands and Tenements during his Life but the Wife not to loose her Dower nor any Corruption of Blood to be for any of the said Offences and the Heir to enjoy the Lands and Tenements after the Offender's Death 35 Eliz. cap. 1. The Form of Submission The Form of the Submission aforementioned is to be in these words viz. I. A. B. do humbly confess and acknowledge that I have grievously offended God in contemning his Majestie 's Godly and Lawfull Government and Authority by absenting my self from Church and from hearing Divine Service contrary to the Godly Laws and Statutes of this Realm and in using and frequenting disordered unlawfull Conventicles and Assemblies under pretence and Colour of Exercise of Religion And I am heartily sorry for the same and do acknowledge and testify in my Conscience that no other Person hath or ought to have any Power or Authority over his Majesty And I do promise and protest without any dissimulation or any colour or means of any dispensation that from henceforth I will from time to time obey and perform his Majestie 's Laws and Statutes in repairing to the Church and hearing Divine Service and to my uttermost endeavour to maintain and defend the same 35 Eliz. cap. 1. The Penalty of Relapsing after Submission Note That if after such Submission the Offender Relaps then he looseth all advantage got by his Submission and shall be in the same condition as if such Submission had never been made And every Minister or Curate of every Parish where such Submission is made is to enter the same into a Book to be kept for that purpose and within ten days then next following to Certifie the same in writing to the Bishop of the same Diocess 35 Eliz. cap. 1. this stat is declared to be still in force by the 16 Car. 2. cap. 4. Observe That the Governour or Masters of Collâ—ges c. to Subscribe to the Articles of Religion and Book of Common-Prayer c. Head of every College and Hall in either of the Universities and the Colleges of Westminster Winchester and Eaton within one Month after his Election or Collation and Admission into the said Government or Headship must openly and publickly in the Church Chapel or other publick place of the same College or Hall and in the presence of the Fellows and Schollars of the same or the greater part of them then Resident Subscribe unto the Book of Articles of Religion and declare his unfeigned assent and consent unto and approbation of the same and to the use of all the Prayers Rites and Ceremonies Forms and Orders in the Book of Common-Prayer And they must also once every quarter of a Year at least not having a Lawfull Impediment openly and publickly read the Morning Prayer and Service in and by the said Book appointed to be read in the Church Chapel or other publick place of the same College or Hall upon pein to loose and be suspended of and from all the benefits and profits belonging to the same Government and Headship by the space of six Months by the visitor or visitors of the same College or Hall and being suspended for the causes aforesaid if they do not at or before the end of six Months after such suspension Subscribe unto the said Articles and Book and declare their consent thereunto as aforesaid or read the Morning Prayer and Service as aforesaid then such Government or Headship shall be ipso facto void 14 Car. 2. cap. 4. If any Person Ecclesiastical or having Ecclesiastical Living shall advisedly The punishment for affirming any Doctrine contrary to the 39 Articles of Religion or any of them maintain or affirm any Doctrine directly contrary or repugnant to any of the nine and thirty Articles
to give it under his hand to the Minister who is to send it to the Bishop of the Diocese or Ordinary of the place Provided that every Minister so repelling any for the causes aforesaid upon complaint to the Ordinary shall obey his Order and Direction therein and the Minister is to observe whether all his Parishioners come so often every year to the Communion as is required and whether any Strangers come commonly from other Parishes to his Church and shall acquaint their Minister with it least they be such as their own Ministers turn back that so they may be remitted and sent home to their own Parish Churches and Ministers there to receive the Communion with the rest of their own Neighbours Can. 26 27 28. No Ministeris to delay the Christning of any Child that is brought to him upon Ministers not to delay Christning or Burial Registers to be kept c. Sundays or Holy-days to be Christned nor to Bury any Corps brought to the Church or Church-yard convenient warning being given him thereof before upon pein in either of these cases to be suspended by the Bishop of the Diocese for three Months unless the party to be Buried were excommunicated majori excommunicatione and in such case he may refuse to bury him and if an Infant be weak and in danger of Death the Minister upon notice and request thereof is to goe to the place where it is and Baptise the Infant without delay upon like pein as aforesaid and not to be restored till he promise before the Ordinary not to incur the like again willingly but if the Minister keep a Curate then this shall not extend to the Parson or Vicar but to the Curate and no Minister can urge any Parent to be present nor is any Parent to be Godfather for his own Child nor is any Godfather or Godmother to make any other answer than is prescribed by the Book of Common-Prayer or to be admitted to be Godfather or Godmother to any Child at Christning or Confirmation before they have taken the Communion nor is any Minister to omit Signing every Infant at Baptism with the Sign of the Cross and in every Parish there must be provided a Parchment-Book at the Parish charge for Registring all Christnings Weddings and Burials in and this Book is to be kept in a Coffer with three Locks and Keys whereof one is to remain with the Minister and the other two with the Church-Wardens and upon every Sabbath-day after Morning or Evening Prayer they are to take the Book out of the Coffer and the Minister in the presence of the Church-Wardens must write down in the said Book the Names of all persons Christned together with the Names and Sirnames of their Parents and also the Names of all persons Married and Buried in that Church in the week before and the day and year of every such Christning Marriage and Burial and then the Book to be laid up again and to every page of the Book when it is filled with Subscriptions they are to Subscribe their Names and the Church-Wardens once every year within a Month after the five and twentieth day of March are to Transmit a true Coppy thereof to the Bishop of the Diocese or his Chancellour Subscribed with their hands as aforesaid to the end the same may be faithfully preferved in the Registrie of the said Bishop which Certificate is to be received without Fee Can. 68 69. 29.30.70 The Common-Prayer is to be said Ministers to reade the Common-Prayer upon Holy-days and all Wednesdays and Fridays c. or sung reverently upon all Holy-days appointed by the Book of common-Common-Prayer and their Eves at the usual time of the days in such place of the Church as the people may be most Edified and all Ministers are to observe the Rites and Ceremonies prescribed by the said Book without diminishing or adding any thing and Ministers upon Wednesdays and Fridays weekly though they be not Holy-days are to say the Littany and give warning to the people to repair to the Church by the Tolling of a Bell and in the whole Service and Administration of the Holy Communion in all Colleges and Halls in both the Universities the Ceremonies c. prescribed by the Book of Common Prayer are to be duly observed without adding or diminishing any thing and all the Masters Fellows Schollers and Students of such Colleges and Halls in their Churches and Chapels upon all Sundays Holy-days and their Eves at the time of Divine Service must wear Surplices and the Graduates Hoods upon their Surplices according to their several Degrees Can. 14 15 16 17. No Minister not Licensed by the Bishop None to expound unlâ—ss he be a Licenc'd Preacher c. to Preach is to take upon him to expound any part of the Scripture but is to reade the Homilies without making a gloss upon them nor is any Minister to suffer any Man to Preach within his Church or Chapel but such as are Lawfully Licensed nor are the Deans Presidents and Residentiaries of any Cathedral or Collegiate Church to suffer any stranger to Preach without Lawfull Licence and if any such stranger in his Sermon Preach any thing contrary to the Word of God or the nine and thirty Articles of Religion the Dean or Residents shall by their Letter subscribed with some of ther Hands that heard him so soon as they can give notice thereof to the Bishop of the Diocese and the Church-Wardens and Side-men are to have a Book wherein they are to take care that every strange Minister that Preacheth in their Church shall subscribe his Name the day when he Preached and Bishop's Name from whom he had his Licence And no Preacher before he hath acquainted the Bishop of the Diocese and received his Order is purposely to Impugne any Doctrine delivered by any other Preacher in the same Church or any other near adjoyning and if any offend herein the party grieved or Church-Wardens are to acquaint the Bishop and not to suffer him to Preach there any more unless he promise to forbear all such matter of Contention till the Bishop take Order therein who is withall speed so to proceed that publick satisfaction may be made in the Congregation where the Offence was given and if either party offending do appeal he must not Preach Pendente Lite Can. 49 50 51 52 53. Every Parson Vicar or Curate upon Ministers to Catechise every Sunday before Evening Prayer and to Marry none without Licence or asking in the Church c. every Sunday and Holy-day before Evening Prayer is for half an hour or more to examine and instruct the Youth and Ignorant Persons of his Parish and teach them the Catechism set forth in the Book of Common-Prayer and if any Minister neglect for the first Offence he is to be sharply reproved by the Ordinary upon complaint made the second time wilfully offending is suspension and the third time Excommunication and all Fathers Mothers
Baptism and the Lord's Supper for that they have not a visible sign or ceremony ordained of God the Sacraments were not ordained of Christ to be gazed upon or to be carried about but that we should duly use them And in such only as worthily receive them they have a wholsome effect or operation but they that receive them unworthily purchase to themselves damnation as Saint Paul saith 26. Of the Vnworthiness of the Ministers which hinder not the effect of the Sacraments Article 26 Although in the visible Church the evil be ever mingled with the good and sometime the evil have chief Authority in the Ministration of the Word and Sacramenes yet for as much as they doe not the same in their own Name but in Christ's and do Minister by his Commission and Authority we may use their Ministring both in hearing the Word of God and in the receiving of the Sacraments Neither is the effect of Christ's Ordinance taken away by their wickedness nor the grace of God's guifts diminished from such as by Faith and rightly do receive the Sacraments Ministred unto them which are effectual because of Christ's Institution and Promise although they be Ministred by evil Men. Nevertheless it appertaineth to the Discipline of the Church that inquiry be made of evil Ministers and that they be accused by those that have knowledge of their Offences and finally being found guilty by just judgment be deposed 27. Of Baptism Article 27 Baptism is not only a sign of Profession and mark of Defence whereby Christian Men are discerned from others that be not Christned but it is also a sign of Regeneration or new Birth whereby as by an Instrument they that receive Baptism rightly are grafted into the Church the Promises of the forgiveness of sin and of our Adoption to be the Sons of God by the Holy Ghost are visibly signed and sealed Faith is confirmed and Grace increased by virtue of Prayer unto God The Baptism of Young Children is in any wise to be retained in the Church as most agreeable with the Institution of Christ 28. Of the Supper of the Lord. Article 28 The Supper of the Lord is not only a sign of the Love that Christians ought to have among themselves one to another but rather it is a Sacrament of our Redemption by Christ's death Insomuch that to such as worthily and with Faith receive the same the Bread which we break is a partaking of the Body of Christ and likewise the Cup of Blessing is a partaking of the Blood of Christ Transubstantiation or the change of the substance of Bread and Wine in the Supper of the Lord cannot be proved by Holy Writ but it is repugnant to the plain Words of Scripture overthroweth the Nature of a Sacrament and hath given occasion to many superstitions The Body of Christ is given and taken and eaten in the Supper only after an Heavenly and Spiritual manner and the means whereby the Body of Christ is received and eaten in the Supper is Faith The Sacraments of the Lord's Supper were not by Christ's Ordinance reserved carried about lifted up or Worshipped 29. Of the wicked which do not eat the Body and Blood of Christ in the use of the Lord's Supper Article 29 The wicked and such as be void of a lively Faith although they do carnally and visibly press with their Teeth as S. Augustine saith the Sacrament of the Body and Blood of Christ yet in no wise are they partakers of Christ but rather to their Condemnation do eat and drink the Sign or Sacrament of so great a thing 30. Of both kinds Article 30 The Cup of the Lord is not to be denied to the Lay-people for both the parts of the Lord's Sacrament by Christ's Ordinance and Commandment ought to be Ministred to all Christian Men. 31. Of the one Oblation of Christ finished upon the Cross Article 31 The offering of Christ once made is that perfect Redemption Propitiation and Satisfaction for all the sins of the whole World both Original and Actual and there is none other satisfaction for sin but that alone wherefore the Sacrifices of Masses in the which it was commonly said that the Priests did offer Christ for the Quick and the Dead to have Remission of pain and guilt were blasphemous Fables and dangerous deceits 32. Of the Marriage of Priests Article 32 Bishops Priests and Deacons are not commanded by God's Law either to vow the Estate of single Life or to abstain from Marriage therefore it is Lawfull also for them as for all other Christian Men to Marry at their own discretion as they shall judge the same to serve better to godliness 33. Of Excommunicate Persons how they are to be avoided Article 33 That Person which by open Denunciation of the Church is rightly cut of from the Unity of the Church and Excommunicated ought to be taken of the whole multitude of the faithfull as an Heathen and Publican untill he be openly reconciled by Penance and received into the Church by a Judge that hath Authority thereto 34. Of the Traditions of the Church Article 34 It is not necessary that Traditions and Ceremonies be in all places one or utterly like for at all times they have been divers and changed according to the diversity of countries times and mens manners so that nothing be ordained against God's Word whoever through his private judgment willingly and purposely doth openly break the Traditions and Ceremonies of the Church which be not Repugnant to the Word of God and be ordained and approved by common Authority ought to be rebuked openly that other may fear to doe the like as he that offendeth against the common order of the Church and woundeth the consciences of the weak Brethren Every particular or National Church hath Authority to Ordain Change and Abolish Ceremonies or Rights of the Church Ordained onely by Man's Authority so that all things be done to Edifying 35. Of Homilies Article 35 The second Book of Homilies the several Titles whereof we have joyned under this Article doth contain a godly and wholesome Doctrine and necessary for these times as doth the former Book of Homilies which were set forth in the time of Edw. the sixth and therefore we judge them fit to be read in Churches by the Ministers diligently and distinctly that they may be understood of the People 36. Of Consecration of Bishops and Ministers Article 36 The Book of Consecration of Archbishops and Bishops and ordering of Priests and Deacons set forth in the time of Edward the sixth and confirmed at the same time by Authority of Parliament doth contain all things necessary to such Consecration and Ordering neither hath it any thing that of it self is superstitious and ungodly And therefore whosoever are Consecrated or ordered according to the Rites of that Book since the second Year of the aforenamed King Edward unto this time or hereafter shall be Consecrated or Ordered according to the same Rites We
c. and afterwards deprived after which the the Bishop without giving notice Collates he who ought to have this turn and might remove the Bishop's Clerk grants away the Advowson then the Bishop's Clerk dies in this Case the Grantee of the Advowson cannot present this turn for the Collation of the Bishop hath prevented him although it were without notice and so Tortious and though the granter might have outed the Bishop's Clerk by a Quare Impedit yet it is but a thing in action and when he hath granted the Advowson over the Grantee cannot have this thing in action nor the granter cannot have it so as none can now have it but it shall serve for a Presentation as in his turn for this time and the other whose Clerk was deprived shall present again M. 42 43 Eliz. C. B. Leak and Bishop of Coventry and Babington's Case Cro. Eliz. f. 811 pl. 17. And if two have right to present Where two having right they ought to joyn in a Quare Impedit and the Church becomes void and then one of them releaseth to the other this release is void and they ought to joyn in a Quare Impedit M. 30 31 Eliz. C. B. Brookesby and Wickham and Bishop of Lincoln's Case Leon. Rep. 1 part f. 167. pl. 237. If two Copartners be of an Advowson Grantees of Copartners are in like case as they who granted c. and they severally grant their parts to two several Men the advantage that was between the Partners doth hold place between the Grantees so that the first presentment shall go to the Grantee of the Eldest and the next to the other and an Usurpation of the one shall not put the other out of Possession but if they were meer Tennants in Common and did not derive their Estates from Copartners the Book saith perhaps it might be otherwise P. 25 Eliz. C. B. Harris and Haye's against Nichols Cro. Eliz. f. 18 pl. 6. What shall serve for a turn A. who hath one turn presents B. who is Admitted Instituted and Inducted and afterwards is deprived by sentence upon which C. who hath the second turn presents D. who is â—dmitted c. and afterward he is deprived also and the first sentence is repealed and B. is restored to the Living again and afterwards D. the second Incumbent dyes and then after that B. dyes also hereupon C. presents again as in his turn for though his Presentee were Parson for the time to all purposes during the deprivation of B. yet when the second sentence comes and B. is restored then he is Incumbent by virtue of his first Presentation Institution and Induction and needs no new Institution and so after his Death C. may present again as in his turn but if B. had dyed before he had been restored or had not reversed the sentence of deprivation against him then it had been otherwise and C. should not have presented again as in his turn P. 41 Eliz. B. R. Rot. 513. Windsor and Archbishop of Canterbury and Fletcher's Case Co. Rep. 5 Lib. f. 102. and see Cro. Eliz. f. 686. pl. 22. Roll's Cases 2 part f. 347 K. 4 5. M. Rep f. 558. pl. 760. But when the Admission and Institution are meerly void then without When Admission c. iâ— voiâ— it serves not for a turn question it shall not serve for one turn as if the Presentee have Institution and Induction but did not Subscribe to the Articles of Religion according to the Statute of 13 Eliz. by which the Admission Institution and Induction are void this shall not serve for a turn because the Admission Institution and Induction are meerly void by the Statute Co. Rep. 5 part f. 102 b. Roll's Cases 2 part f. 347 K. 6. and if a Woman be Presented Instituted and Inducted this is a meer Nullity because her Incapacity is apparent Roll's Cases 2 part f. 348 L. 8. Hob. Rep. f. 149. Three Grantees two of them may present the third If a grant of the next avoidance be made to three and afterwards the Church becomes void and two of the three present the third Grantee being a Clerk this is a good presentment and the Bishop ought not to refuse him although all the three were joyntenants of it by grant and only two of them joyn in the presentment because the third Person cannot present himself but if one of the three only had presented the third Person the Bishop might peradventure have refused him as it is said in Dyer f. 304 b. 14 H. 8. 2. 21 Eliz. 4. 66. a. but in Moor it is held and adjudged that if one of them had presented the third Person it is good enough Tr. 31 H. 8 Rot. 348 Sr. Godfrey Foliamb's Case M. Rep. f. 4. pl. 14. and Bendl. Rep. f. 34 Institution makes the Church full against all Persons but the King Where a Church is Presentative the Church is full by Admission and Institution against any Common Person but not against the King unless the Clerk be Inducted and that is the reason that regularly Plenarty shall be tryed by the Bishop because the Church is full by Institution which is a Spiritual Act but void or not void shall be tryed by the Common Law 24 E. 3. 30. 25 E. 3. 47. 38 E. 3. 9. 9 H. 6. 31. 22 H. 6. 27 Co. Lit. f. 119 b. 344. a. Roll's Rep. 1 part f. 191 Co. Rep. 6 Lib. f. 49. a. If a Man present his Clerk to the A Man may vary from his first Presentation Bishop yet he may present another before the Bishop hath received the first and the Bishop may admit which of them he pleaseth but where an Incumbent of a Church is deprivable yet the Patron nor the King himself cannot present before the party be deprived because the Church is not void till then 38 E. 3. 36 b. Roll's Cases 2 part f. 349 O. 2 P. 1 2. 353 T. 5. 14 E. 3 2 b. Institution makes the Church full If I. S. present his Clerk who is Admitted and Instituted by this the Church is full against a Common Person for by the Institution he hath curam animarum but if the King have right to present it is not full against him before Induction of the Presentee but if the King have no right to the Church then it shall be full against him also by Admission and Institution P. 13 Jac. Hitching and Glover's Case Roll's Rep. 1 part f. 191. and 227 Cro. Jac. f. 463 pl. 11. vide M. 4 5 Eliz. Dyer f. 217 b. pl. 62. 22 H. 6. 27. a. 38 E. 3 4 Co. Kep 4 Lib. f. 79. a. 6 Lib. f. 49. a. 11 H. 4. 9. Davis Rep. f. 82. Roll's Cases 2 part f. 349 Q. 1 2 3. 33 H. 6. 24. 21 E. 4. 34 b. When a Man Usurps upon the King Presentment by Vsurpation where it binds the King and his Clerk is Instituted and Inducted although by this
payment of the same All Collectors of Tenths under any Archbishop or Bishop having Letters Patents or other writings of their Office of Collectorship are to be bound by their sufficient writing Obligatory or Recognizance in the Court where the King's revenues of the Tenths shall be answerable in such sum or sums of money as shall be due within their Collection or Office to save and keep the said Archbishop or Bishops harmless and without damage against the King for the same and all such Grants Patents or Writings to such Collectors shall continue no longer in force then during such time as such Archbishop or Bishop who granted the same shall remain Archbishop or Bishop of the same See or Bishoprick whereof he was possessed when he granted the same 7 E. 6 cap. 4. and by the 14 Eliz. cap. 7. the Lands and Tenements Goods and Chattels of such under Collectors of Tenths are made liable to answer the Queen her Heirs and Successors for such sums as they shall gather yearly within their Collection and every Archbishop Bishop and Dean and Chapter sede vacante to whom the Collection of such Tenths shall appertain shall be discharged of so much as shall be satisfied of or by the Lands Tenements Hereditaments Goods oâ— Chattels of such under Collector or his Heirs without any other Warrant whatsoever in that behalf to be obtained 14 Eliz. cap. 7. 13 Eliz. cap. 4. First Fruits in what time to be paid Vicarages not exceeding ten pounds and Parsonages not exceeding ten marks in the King's Books are not to pay any first Fruits as is shewed before and every Incumbent liable to pay first Fruits that lives one half Year after the last avoidance so as he hath or might have received the Rents and Profits of that half Year and before the end of the next half Year he happen to dye or be Lawfully evicted removed or put from the same Promotion Spiritual by Judgment in an action at Common Law without Fraud or Covin then he is to pay but a fourth part of the first Fruits and if he Live one Year and dye or be evicted c. before the next half Year then he is to pay one half of his first Fruits and if he Live one Year and an half and dye or be evicted c. before the end of six Months then next following then he is to pay three parts of his first Fruits and if he Live two Years then he must pay his whole first Fruits for such Promotion Spiritual 1 Eliz. cap. 4. By the 1 Eliz. all Grants Immunities and Liberties given to either of Colleges c. discharged of first Fruits c. the Universities of this Kingdom or to any College or Hall in either of them and to the Colleges of Eaton and Winchester by any of the Kings of England or by Act of Parliament touching the release or discharge of first Fruits and Tenths are to be and remain in full force and strength and that all such conveyances and assurances in Law as were then had or made to either of the Universities or to any College or Hall within either of them or of any of the Parsonages or Benefices Impropriate or of any Patronage for the maintenance of students or learning are good and effectual notwithstanding the same Act of Parliament and all the Possessions of the free Chapel Deanry and Canons of Windsor are discharged of Tenths and first Fruits but all the Rectories and Spiritual Promotions belonging to the Archdeaconry oâ— Wells are made chargeable to the payment thereof and all the Rectories Parsonages and Benefices Impropriate Glebe Lands Tythe Oblations Obventions Pensions Portions and other Profits and Emolluments Ecclesiastical and Spiritual as were in the Survey Rule and Order of the Court of the Dutchy of Lancaster were to continue so And lastly by the same Act it is provided that no Hospital founded and used and the Possessions thereof imployed to and for the use and relief of Poor People or any School or Schools or the possessions or revenues of them shall be charged with the payment of any Tenths or first Fruits 1 Eliz. cap. 4. A demand of Tenths how and where to be made Note that the demand of the Tenths ought to be express and not a summons to pay them at another place as appears by the Case following An Apparator came to the Church to the Parson and said to him that he must pay his Tenths to such an one and at such a place being four miles distant from the Church and the Parson not paying the Bishop certifies according to the Statute that he refused to pay his Tenths and whether this were a good demand or no was the Question and all the Justices agreed that it was not for they said a summons to pay was not sufficient but it ought to be an express demand and by one who hath Authority to receive it M. 39 40 Eliz. C. B. Reyner and Parker's Case M. Rep. f. 541. pl. 714. Bishop's Certificate of what force The Bishop of York certified in the late Court of first Fruits and Tenths Anno 5 6 E. 6. in these words adhibuimus omnimodam diligent per Subcollectores nostros per totam diocesim Eborum Et comperimus I. C. Vicarium de Gargrave Recusantem solvere subsidia Vicariae suae qui nullo modo metu paenarum huiusmodi produci potuisset ad solutionem subsidii praedict sed perseverans in obstinatiori sua malitia and this is left as a quaere in Dyer whether by this Certificate the Vicarage were void or no Dyer f. 116. a. pl. 69. but in Crook's reports it is said there that the Justices held such a Certificate not to be Peremptory but that it may be Traversed for the Bishop doth it only as an Officer and not as a Judge as in Case of Bastardy and here is to be a default in the Parson viz. not payment which is tryable per pais for otherwise all the Parsons in England may be put out of their Parsonages by such nude surmise and bare Certificate without any answer and the Law never intended to make the Certificate so Peremptory as the Book saith and it is there said also that the Officer of the Bishop which is to demand the Tenths ought also to be Authorized to receive them for he cannot appoint them to be paid at another place or to another Person for the Parson is to pay them at his own House and to the Person that demands them in the Name of the Bishop M. 29 30 Eliz. in Scaccario the Queen and Blancher's Case Cro. Eliz. f. 80. pl. 44. Dilapidations cause of deprivation Now we come to Dilapidations which every Clergy Man ought to take care to prevent for there can be nothing worse becoming the Dignity of a Clergy-man than Dilapidations and non residence and as the Canon Law made Provision against it so also hath the Common Law of this Kingdom as appears
by the Books of 20 H. 6. 46. a. 2 H. 4. 3. b. 29 E. 3. 16. a. for if Spiritual Persons waste the Lands Woods or Houses of their Churches they may be deprived or deposed by their Superiours who have the Visitation and Superiority over them Roll's Rep. 1 part f. 167. Godb. Rep. f. 259. pl. 357. Grants to avoid remedy for Dilapidations made void And by the 13 Eliz. it is enacted that if any Archbishop Bishop Dean Archdeacon Provost Treasurer Chaunter Chancellor Prebendary or any other having any Dignity or Office in any Cathedral Church within this Realm or if any Parson Vicar or other Incumbent of any Ecclesiastical Living whereunto do belong any House or Houses or other buildings which by Law or Custom he is bound to keep and maintain in reparation do make any deed or deeds of gift or alienation or other like conveyances of his moveable Goods or Chattels to defeat or defraud his Successor of his just action and remedy then in such Case the Successor may have the same remedy in the Spiritual Court against the Grantee of the same Goods Chattels for reparation of the Dilapidations as he might or should have had against the Executors or Administrators of the Predecessor for the same 13 Eliz. cap. 10. And such fraudulent deeds also to defraud Persons of their just Debts Suits Accompts Dammages Penalties Forfeitures Herriots Mortuaries and Reliefs by another Act in the same Parliament are made void to such Persons to whom any such thing is due and to their Heirs Successors Administrators and Assigns and those whoshall set such Covenous and Fraudulent deeds afoot being privy to or knowing of the same forfeit the value of all such Goods and Chattels and all such money as shall be contained in such covenous and fained Bond one Moiety to the King and the other to the party grieved to be recovered in any of the King's Courts of record 13 Eliz. cap. 5. Moneys recovered for Dilapidations to be imployedure pairs By the 14 Eliz. it is enacted that all sums of money that shall be recovered for or in the name of Dilapidations by Sentence Composition or otherwise shall within two Years after the recept be truly imployed upon the Buildings and Reparations in respect whereof such money for Dilapidations shall be paid on pein that every Person so receiving and not imploying as aforesaid shall forfeit double as much as so by him shall be received and not imployed the which forfeiture shall be to the use of the Queens Majesty her Heirs and Successors 14 Eliz. cap. 11. A Prohibiâ—ion lies against one that would wast the Woods of the Church If a Parson of a Church and one A. are Tennants in Common of a Wood and A. endeavours to make waste in the Trees the Parson for preservation of the Timber Trees may have a Prohibition against him that he shall doe no waste and the reason thereof as the Chief Justice said was that if the Parson of a Church would waste the Inherritance of his Church to his private use in cutting down the Trees the Patron may have a Prohibition against him for the Parson is seized in right of his Church and his Glebe is the Dower of his Church for he is Indowed thereof and so say many ancient records and so because a Prohibition lies against him it is reason that he shall have the same remedy against him who holds in Common with him F. N. B. 49 Co. Rep. 11 Lib. f. 49. a. The Lord Cook saith there was a notable Resolution in Parliament held A Prohibition granted against the Bishop of Durham 35 E. 1. at Carlisle 35 E. 1. against Clergy-men making waste of their Spiritual Promotions I shall set it down verbatim as he inserts it viz. Voile Nostre Seignior Le Roy entendre que Sir Anthony Evesque de duresme waste destruit tout le Bois apperteinant à Son Esglise in Lenesquerie de duresme per done vende manuais gard per rearer des forge de Ferre Plombe ardre Carbons c. dot si Nostre Seignior Le Roy que est Avowee del Esglise ny ymit remedie Lefglise avandit serra dishâ—rite impoverie in prejudice de nostre Seignior Le Roy in sa Corone de Chapter de duresme To which the answer was Inhibeatur per Breve de Cancellaria Episcopo Ministris suis ne faciat vastum de contentis in Petitione by which it appears that the Parliament referrs him to the ordinary remedy of the Common Law by Writ of Prohibition in such Case 35 E. 1. Co. Rep. 11 Lib. f. 49. a. vide Roll's Rep. 1 part f. 86. 176. 335. And the Lord Cook saith further A Prohibition granted against the Bishop of Dublin c. that M. 23 E. 1. amongst the Judgments before the King Hunt f. 83. in the Treasury of the Exchequer it is thus adjudged quod Ecclesia est infra aetatem et in custodia domini regis qui tenetur jura et haereditates ejusdem manutenere et defendere et Rot. patent Anno 14 H. 3 M. 8. Archiepiscopus Dublin fecit finem de 300 marcis deafforestroatione forestae Archiepiscopatus sui and see 2 H. 4. f. 3. b. If a Bishop or Archdeacon pull down and cut all the Woods which he hath he shall be deposed as a Dilapidator of his House 29 E. 3. 16 Ac. and see 27 Ass pl. 10. 20 H. 6. 46 Co. Inst 3 part f. 304. And the Tratise Intituled Ne Rectores prosternant arbores in coemeterio c. is no more but a Declaration of the Common Law and it is regularly true meliorem conditionem Ecclesiae facere potest Praelatus deteriorem nequaquam Co. Rep. 11 Lib. f. 49. b. Where suits for Dilapidations are to be Although suits for Dilapidations are most properly to be sued in the Spiritual Court and if any Prohibition be granted the same ought to be superseded by a Consultation as F. N. B. saith f. 50. F. yet this is intended where the suit is grounded upon the Canon Law for by the Custom of England the Successor may have a special Action upon the Case against the Dilapidator his Executors or Administratros and in the King's Bench it was agreed by all the Justices that a Prohibition is grantable against one who wasts the Houses of a Parson Incumbent or cuts the Trees or makes waste and sells them and does not employ them for repairs vide 2 H. 4 3. M. 12. Jac. B. R. Bishop of Salisbury's Case Godb. Rep. f. 259. pl. 357. H. 13. Jac. B. R. Saccar's Case M. Rep. f. 916. pl. 1303. and so it was also agreed M. 12 Jac. B. R. Stockman's and Wither's Case Roll's Rep. 1 part f. 86. pl. 34. vide f. 335 Boulstr Rep. 3 part f 91 92. The Vicar of the Parish of Alesbury For what use Clergy-men may fell down Wood. in Devon-shire